[Request for Reconsideration of Sustained Protest]

B-221814.2: Jun 10, 1986

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A firm requested reconsideration of a decision sustaining its protest against a proposed Navy contract award for radar units, contending that: (1) the GAO corrective action was inappropriate because it did not limit the reopened discussions to a specific area and exposed its bid prices; (2) its competitor would gain an unfair advantage if the reopened discussions included technical and cost considerations; and (3) it was entitled to reimbursement of its protest costs and attorney's fees because the Navy had unreasonably excluded it from the procurement. GAO noted that: (1) it was the Navy's responsibility to implement its recommendation consistent with the government's best interest; and (2) there was no showing that the protester's bid prices had been exposed. GAO determined that the recovery of protest costs and attorney's fees was inappropriate since the protester would have an opportunity to compete for the award. Accordingly, the prior decision was affirmed and the claim was denied.